253 F.3d 309 (7th Cir. 2001), 00-3306, Guerrero v Ashcroft

Docket Nº:00-3306
Citation:253 F.3d 309
Party Name:Antonio Guerrero, Plaintiff-Appellant, v. John Ashcroft,[1] Attorney General of the United States, Defendant-Appellee.
Case Date:June 13, 2001
Court:United States Courts of Appeals, Court of Appeals for the Seventh Circuit
 
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253 F.3d 309 (7th Cir. 2001)

Antonio Guerrero, Plaintiff-Appellant,

v.

John Ashcroft,1 Attorney General of the United States, Defendant-Appellee.

No. 00-3306

In the United States Court of Appeals, For the Seventh Circuit

June 13, 2001

Argued February 15, 2001

Appeal from the United States District Court for the Northern District of Illinois, Eastern Division. No. 98 C 864--Rebecca R. Pallmeyer, Judge.

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[Copyrighted Material Omitted]

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Before Bauer, Kanne,2 and Rovner, Circuit Judges.

Bauer, Circuit Judge.

Antonio Guerrero, an Hispanic FBI agent, sued the Attorney General under Title VII for disparate treatment based on race and national origin. The district court granted summary judgment for the Attorney General, finding that Guerrero failed to create a factual issue regarding the FBI's business reasons for declining to promote him. We affirm the district court.

I. Background

Guerrero applied for a promotion to a GS-14 level supervisor of one of the FBI's Organized Crime Squads ("OC-3 Squad") in the Chicago division in 1997. The twenty-person squad investigates non- traditional organized crime. The FBI posted the job opening which stated in relevant part:

Candidate selected will be expected to maintain effective liaison with a large number of local, state and federal law enforcement agencies. As Squad OC-3 is touted as the repository for intelligence regarding international criminal enterprises, effective liaison is critical. Selectee will be expected to continue the employment of sophisticated investigatory techniques such as consensual monitoring, Title III's, UCO's, and proactive investigative strategies to combat significant crime problems. Due to the burgeoning problem in Chicago of Nigerian heroin trafficking organizations, candidates should be well versed in drug investigations; be fully experienced in the CIP; have proven track record of developing major cases using a proactive and task force approach. Emphasis will be placed on strong leadership, interpersonal and administrative skills. . . . (Candidates must have at least 3 years FBI investigatory experience . . . and relief supervisory (preferably principal relief) experience.

Four agents applied for the OC-3 job: Guerrero, Gabe Casanova, an Hispanic agent, Thomas Bourgeois, a white agent, and William Wong, an Asian agent.

The FBI was fortunate to have four highly qualified applicants. Guerrero served as a police officer for seven years and as an agent in the FBI for twelve years before applying for the OC-3 promotion. During his FBI tenure, Guerrero built a record of exceptional performance and received numerous awards. From 1984 to 1988, Guerrero conducted drug investigations and performed other related duties for the FBI's El Paso, Texas division. In 1998, Guerrero transferred to the Chicago division, where he worked in the Mexican Drug Traffickers Squad. Guerrero accepted a promotion to the Squad's relief supervisor and also assisted with investigations into Asian drug trafficking. Two years later, in 1990, Guerrero transferred to the Drug Intelligence Squad where he continued to serve as a relief supervisor and was promoted to principal relief supervisor. Guerrero coordinated joint investigations with the DEA. He then transferred to the Organized Crime Drug Enforcement Task Force where he: acted as the principle relief supervisor; recruited and debriefed informants; acted as an undercover agent; conducted interviews, arrests and surveillance; engaged in controlled buys; and executed search warrants. Further, he acted as the informant coordinator, a job he accepted because his

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supervisor told him it could lead to a promotion. In 1994, Guerrero became the team leader and relief supervisor of the Forfeiture Team. In 1995, Guerrero assumed the duty of coordinating the Chicago Law Enforcement Intelligence Center, chairing twice- weekly meetings among 15 agencies for the exchange of intelligence information.

The Chicago division was sufficiently impressed with Guerrero's performance in the Forfeiture Team that it asked him to head all the division's forfeitures, which required supervising paralegals, but no agents. After assurances from his supervisors that the transfer would not hurt his changes of being promoted to a GS-14 level position, Guerrero accepted. He excelled in the position. His program became the model for others in the Chicago division and Guerrero...

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